Charges Dismissed In Killing

Charges Dismissed Against One Of Three Accused In Killing

January 25, 1992|By JACK EWING; Courant Staff Writer

A judge Thursday reluctantly dismissed charges against one of three men charged in the death of a retarded Bloomfield man last year.

But, on the anniversary of the death of Terone "Chuck" Thomas, Judge Richard A. Damiani also said he may rescind a plea bargain that puts a five-year limit on the prison sentence faced by one of the other defendants.

Damiani dismissed a charge of first-degree manslaughter against Darian West, 26, of Bloomfield. "The mother's going to be upset. I know that," Damiani said.

The Hartford Superior Court judge was referring to Thomas' mother, Odelle Boykin. Thomas was found unconscious in a parking lot behind Wintonbury Mall in Bloomfield last year. Thomas died of head injuries a few hours later. Boykin has criticized authorities for what she said was a lack of attention to the case.

Damiani said he thought prosecutor Kevin McMahon "has done all a state's attorney could do," but that there was not enough evidence to convince a jury of West's guilt.

The only witness to the Jan. 24, 1991 incident that led to Thomas' death was a passing motorist who was unable to identify the three people she saw pushing another man near the Bloomfield Farmers Exchange, or what exactly they were doing.

"It comes down to what the state can prove at trial," Damiani said.

Damiani, however, held out the possibility of a longer prison term for one of the other men involved, 20-year-old Angus Best. In return for cooperating with authorities and pleading guilty to first-degree manslaughter, Best was to receive a sentence of no more than five years and as little as three years.

McMahon filed a motion asking the judge to rescind the plea bargain, in part because of conflicting accounts that Best gave of the incident. Damiani said he will rule on the motion next week.